NEIGHBORS v. CITY OF BIRMINGHAM

79-204.

384 So.2d 113 (1980)

Kendall NEIGHBORS v. CITY OF BIRMINGHAM.

Supreme Court of Alabama.

May 30, 1980.


Attorney(s) appearing for the Case

W. Howard Donovan, III of Large & Donovan, Birmingham, for appellant.

Herbert Jenkins, Jr., Asst. City Atty., Birmingham, for appellee.


PER CURIAM.

The dispositive issue in this appeal is whether a municipality can be held liable for malicious prosecution. For the reasons discussed herein, we hold that it cannot.

Appellant Kendall Neighbors was arrested by Birmingham police officers G. R. McCreless and M. E. Curry on March 25, 1978, for the offense of "public drunkenness." He was eventually acquitted of the charge. He subsequently filed a civil suit for malicious prosecution against the City...

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